A question of some importance arises for determination in this appeal by the plaintiff. The same is whether the sale of interest in annual patta land would continue in favour of the purchaser even after the patta is made periodic. What had happened in this case was that the plaintiff purchased the defen­dant's interest over 3B-4K-9L on 9.2.65 at a sum of Rs. 2,000.00. This had admittedly been done when the patta was annual. The same was made periodic in 1974-75 in the name of the defendant. The plaintiff prayed for mutation of his name in 1976-77, but the same was ultimately rejected on 11.8.77. The present suit was thereafter filed on 21.9.77 to confirm plaintiff's possession of the suit land on declaration of his title. The suit was initi­ally decreed by the learned MunsifF, but has been dismissed by the learned Assistant District Judge.

2. Before proceeding to examine the legal question involved, it may be stated that the case of the defendant was that the transaction was one of usufructuary mortgage. As, however, the plaintiff had refused to give money if sale deed was not executed, the defendant had no alternative as he was hard-pressed for money. Both the courts below have fou

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